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12-13-1988 ;r------- - - e _ PLANNING AND ZONING MINUTES .The Schertz Planning and Zoning Commission convened in a regular session on Tuesday,. December 13, 1988 at 7:00 P.M. in the Municipal Complex Conference Room, 1400 Schertz Parkway. Those present were as follows: PLANNING & ZONING COMMISSION OTHERS PRESENT TY BRISGILL, CHAIRMAN HARRY B. RICHBURG MARY MARSH, VICE-CHAIRMAN ALAN LINDSKOG, KEITH. VAN DINE, SECRETARY DANNENBAUM ENGINEERING MERWIN WILLMAN MIKE KNOTTS, FM 1518 BOB ANDREWS AUTO PARTS GEORGE VICK MIKE BESCH, SALVAGE ENT. JOE POTEMPA ALBERT MCCOY, KEN GREENWALD, COUNCILMAN MCCOY`S GARAGE JESSE HELLUMS CITY STAFF STEVE SIMONSON, ASST. CITY MGR. NORMA ALTHOUSE, RECORDING SECY. #1 CALL TO ORDER Chairman Brisgill called, the meeting to order at 7:00 P.M. #2 APPROVAL OF MINUTES: Regular Session November 22, 1988 Bob Andrews asked that on page 9, last paragraph, first sentence, the phrase "an owner" be changed to read "an Appraisal Board member". Chairman Brisgill pointed out that on page 4, paragraph 2, he thought the recommendation was made to the City Manager and not to City Council and Bob Andrews pointed out the same thing applies to page 3, paragraph 10, regarding the recommendation. After a brief discussion, it was asked that the minutes be amended to reflect these changes. Joe Potempa made a motion to approve the minutes, as amended, for the regular session November 22, 1988. Bob Andrews seconded the motion and the vote was as follows: j AYES: T. Brisgill, K. ,Van Dine, M. Willman, B. Andrews, G. Vick, J. Potempa _ NAYS: None ABSTENTIONS: M. Marsh Motion carried. _ _ #3 CITIZENS' INPOT OTHER THAN AGENDA ITEMS- There was none. #4 CONSIDER AND MAKE RECOMMENDATION: Mike Knotts, FM 1518 Auto Parts - Request for Fencing Exception to Junk Yard Ordinance 87-H-25 Mike Knotts was at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve Simonson informed the Commission a portion of this property was inadvertently left out of the annexation and so, technically, the City can't enforce anything. back farther than about 250'. Mr. Simonson said the Staff's recommendation is that Mr. Knotts go down the sides of the property with fencing far enough to cut off the line of sight of the junk yard from the road, clean up the frontage area and paint the fence, making it a uniform color. Mike Knotts commented that putting a fence down the sides far enough to cut off the line of sight of the junk yard from the road and painting the fence presents no problem for him. Chairman Brisgill remarked that in reading over the ordinance, it appears the requirement is for the entire junk yard to be fenced and Steve Simonson said that is correct. Chairman Brisgill said it seems to him that in some instances, for example between a horse pasture and a junk yard, an opaque fence is not needed. Steve Simonson noted that the Inspection Department will be coming in with scme recommended changes to the Junk Yard Ordinance. Keith Van Dine arrived at the meeting at 7:08 P.M. Chairman Brisgill commented, that in his opinion, he would rather see a natural barrier than a fence, he would like to see more apen space. Albert McCoy of McCoy's Garage spoke up at this time and said the problem with a fence all the way around is that it cuts off the breeze. Steve Simonson remarked that maybe only enough fence is needed to cut off the visual sight of the junk yard. Mr. Simonson said it is his understanding that the more closed off you make a place, the more vandalism you encourage.. Bob Andrews asked Mike Knotts, considering the_length of time the ordinance has been in effect, why the_ delay in putting up the _ fence. - 2 - Mike Knotts responded by saying it has been a matter of not .enough time and not enough money and that he was not aware he could come in and request a variance until he spoke with Joe Marks, who also has a junk yard and who had: been granted a variance. Mike Besch of Salvage Enterprises was at the meeting and spoke at this time. Mr. Besch said if he is required to put up a fence that costs $50,000 or more, you might as well put him out of business. Mike Besch further stated that in 1980 the Inspection Department issued him a permit for a chain link fence and Mr. Besch questioned why something. wasn't mentioned at that time about. requiring an opaque ..fence. - Chairman Brisgill reminded Mike Besch that the subject at hand is the request from Mike Knotts and that is what should be discussed right now. Merwin Willman emphasized this is an ordinance changed in 1987 by the City Council and Planning and Zoning is merely making a recommendation on what action should be taken. There being no further discussion, Chairman Brisgill asked for a motion. Merwin Willman made a motion to recommend approval to City Council of the request from Mike Knotts of FM 1518 Auto Parts for an exception to the Junk Yard Ordinance, 87-H-25, and recommended Mike Knotts fence in his junk yard from FM 1518 to the City limits and that he paint the fence. Bob Andrews seconded the motion. The vote was as follows: AYES: M. Willman, B. Andrews, J. Potempa NAYS: T. Brisgill, M. Marsh, K. Van Dine, G. Vick ABSTENTIONS: None The motion did not carry. Mary Marsh made a motion to recommend approval to City Council of the request from Mike Knotts of FM 1518 Auto Parts for an exception to the Junk Yard Ordinance, 87-H-25, and recommended Mike Knotts paint the existing fence fronting FM 1518 and extend _ such painted fence to a length on both sides of the property that would prohibit a line of sight from the yard of the adja-cent property. -3- 9 George Vick seconded the motion and the vote was as follows: AYES: T. Brisgill, M. Marsh,- K. Van:Dine, G. Vick .NAYS: M. Willman, B. Andrews, J. Potempa ABSTENTIONS: None Motion carried. #5 CONSIDER AND MAKE RECOMMENDATION: Oak View Mobile Home Park A. Jesse Hellums' Request to Continue Operating this Area as a Mobile Home Park B. Discussion on Whether this Area Should be Zoned a Mobile Home District or Granted a Non-Conforming Use A. Jesse Hellums' .Request to Continue Operating this Area as a Mobile Home Park Jesse Hellums and Harry Richburg were at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve Simonson informed the Commission this area had originally been granted a Specific Use Permit for a mobile home park and the permit has now expired. Mr. Simonson said Jesse Hellums has requested the continuation of it's use as a mobile home park. Mr. Simonson further stated it is a very well run mobile home park and very clean. Mr. Simonson said his recommendation is to continue it's use as a mobile home park as a non-conforming use or until business develops in the area. Jesse Hellums commented that hopefully the land market will change for the better, but that it could be utilized as a mobile home park for some time. Bob Andrews asked Jesse Hellums if it is his intention to use the land as General Business or a Mobile Home District in the future. Mr. Hellums replied that the utilization of the land could not be a Mobile Home District, the numbers won't work. Mr. Hellums went on to say that after the overpass is-put in and the improvements are made to IH-35, he foresees a General Business use for the land. Joe Potempa asked if the property is on City water. Harry Richburg replied no, they are not tied into the City. Joe Potempa asked if this recommendation goes to City Council and was informed b-y Merwin Willman, that according _to the ordinance; - it has-to go. to the Board of Adjustment. _ _ -4-~ Merwin Willman said he would like to ask if Mr. Hellums is aware of all-the ramifications of a non-conforming use. Mr. Hellums replied he is not. Merwin Willman suggested a letter be sent to Jesse Hellums with an enclosed copy of the excerpt from the Zoning Ordinance regarding a non-ccnforming use. Mr. Willman said after Jesse Hellums reads .that excerpt, he may change his mind. Mary Marsh concurred that was a good idea. Merwin Willman made a motion to recommend a letter, with an ; excerpt from the Zoning Ordinance regarding a non-conforming use, be sent to Jesse Hellums for him to look over and consider, and if he replies in the affirmative, then Planning and Zoning can ) make a recommendation at that time to the Berard of Adjustment on ~ Mr. Hellums request to continue operating the Oak View Mobile 2 Home Park area as a mobile home park. 1 Bob Andrews seconded the motion and the vote was unanimous in favor. Motion carried. 3 B. Discussion on Whether this Area Should be Zoned a Mobile Home District or Granted a Non-Conforminq`Use I The Commission agreed this item had been covered in the previous discussion with Jesse Hellums. #6 CONSIDER AND MAKE RECOMMENDATION: Proposed Amendment to Mobile Home Ordinance Chairman Brisgill asked for Staff input. Steve Simonson informed. the Commission this proposed amendment will give the Inspection Department the latitude they need in helping to enforce the Mobile Home Ordinance regarding the location and design of storage facilities in a mobile home park. The proposed amendment is as follows: SECTION XI MOBILE HOME PARKS Paragraph B.2.g. Add as Subparagraph g.(1) When the Building Inspector finds that extraordinary hardship may result from strict .compliance with the placement of a utility building as prescribed i:n this paragraph, the Building Inspector may vary the regulations so .that substantial justice may be done and the public interest secured, provided that such variance will not have the effect of nullifying any modifications. In granting . variances and modifications, the Building Inspector may require such conditions as will, in_his judgment, secure substantially . -the objective of- the standards or-requirements so varied- err -5- modified. In the event the Building Inspector should disapprove a request for variance, the applicant .for the :variance may request that the Planning and Zoning Commission make a final determination on the request for the variance. Merwin Willman made a motion to recommend to City Council approval of the proposed amendment to the Mobile .Home Ordinance, Section XI, .Mobile Home Parks, Paragraph B.2.g., adding subparagraph g.(1) as listed above.. Joe Potempa seconded the motion and the vote .was unanimous in favor. Motion carried. ~6a. CONSIDER AND MAKE RECOMMENDATION: Dannenbaum Engineering - Request to Rezone Two Tracts of Land (Tract I = 5.762 acres and Tract II = .-2.181 acres) from General Business to R5-B in Scenic Hills Phase II Alan Lindskog was at the meeting to represent this request. Chairman Brisgill asked for Staff input. Steve Simonson informed the Commission this is a straightforward request for rezoning from General Business to R-5B. Mr. Simonson said because of the lie of the land, the houses they plan to build will be encroaching into the area zoned General Business. Mr. Simonson did say, however, the golf course will still be between the residential area and the interstate. Bob Andrews asked Alan Lindskog why the request for R-5B and Mr. Lindskog replied to accommodate the 5' setback on either side. Bob Andrews then asked the size of the houses which are planned for the area. Alan Lindskog replied they will range from 1800 to 2600 square feet. Chairman Brisgill asked if the Commissioners had any problem with this request meeting the four criteria for rezoning. No one indicated they had a problem with this request. George Vick made a motion to recommend approval to City Council of the request from Dannenbaum Engineering to rezone two tracts of land in Scenic Hills Phase II from General Business to R-5B and to recommend it be scheduled for a public hearing. Mary Marsh seconded- the motion and the vote was unanimous in favor. Motion carried. #5b. CONSIDER AND MAKE RECOMMENDATION: Mike Besch of Salvage Enterprises at 17051 IH-35 North - Request for Specific Use Permit to Allow the Location of a. - - Mobile Home on the Property -6- Mike Besch was at the meeting to represent this request. Mr. Besch pointed out the request for the mobile home is for reasons. of security. Chairman Brisgill asked for Staff input. Steve Simonson informed the Commission the area is a high theft area.. Mr. Simonson further stated that Mike Besch is working with the Inspection Department on the fencing of the salvage yard, all Planning and Zoning is considering is the mobile home request. Mr. Simonson said he has no recommendation, but the Staff has no problem with the request. Bob Andrews asked Mike Besch if he has water and sewer and Mr. Besch replied he has water wells and seven septic tanks. Steve Simonson asked Mike Besch if he had a sewer line and Mr. Besch replied the sewer line is on the Morton Southwest property and not on the property where he is located. Chairman Brisgill questioned if a Specific Use Permit is appropriate for the mobile home. Steve Simonson replied he thinks sa. Mike Besch informed the Commission he does not own the land and he does not foresee being at the location for mare than another five years. Joe Potempa asked Mike Besch if it is a new mobile home and who will live in it and Mr. Besch replied it is a 1982 mobile home and his manager will live in it. Chairman Brisgill asked Mike Besch if he realizes .this request will have to go to a public hearing and Mr. Besch replied he is aware of that. Mary Marsh made a motion to recommend approval to City Council of the request from Mike Besch of Salvage Enterprises, 17051 IH-35 North, for a Specific Use Permit to allow location of a mobile home on the property for security reasons and to recommend it be scheduled for a public hearing-. George Vick seconded the motion and the vote was unanimous in favor. Motion carried. #7 CONSIDER AND MAKE RECOMMENDATION: Updating of City Pian A. List of Names for Civic Leaders Panel B. Discussion of Survey Chairman Brisgill informed the Commission discussion of the updating of the- City Plan is on th_e. City Council's wor_kshop... _ agenda, as a joint City Council and Planning and Zoning item, _ tomorrow night.. Mr. -Brisgill suggested tabling Item #7 until . Planning and Zoning has more direction from City Council. -7- Bob Andrews made a motion to table Item #7 (Consider and Make Recommendation: Updating of City Plan) until Planning and Zoning has more direction-from City Council after the workshop scheduled .for December 14, 1988. Keith Van Dine seconded the motion and the vote was unanimous in favor. Motion carried. #8 CONSIDER AND TARE APPROPRIATE ACTION: Possible Cancellation of December 27, 1988 meeting Joe Potempa made a motion that, because of the Christmas holidays, the Planning and Zoning meeting normally scheduled for December 27, 1988 be cancelled. Keith Van Dine seconded the motion. Merwin Willman made an addendum to the motion stating that if anything important comes up, Steve Simonson may use his discretion to reschedule the December 27, 1988 meeting. Bob Andrews. seconded the addendum to the motion. The vote was unanimous in favor. Motion carried. #9 GENERAL DISCUSSION Mary Marsh brought up the following: (1) Asked about the prices for printing the survey. Steve Simonson said he had checked with H & P Printing and the price for 4,000 capies, 1 sheet both sides, camera ready, is $135.20 for 8 1/2"x 11" and $180.00 for legal size. (2) Asked the Commissioners if they feel that somewhere along the line a consultant, or some type of expert assistance, will be required for updatingthe City Plan. The consensus of the Commission was that some type of consultant, or expert assistance, will be needed somewhere along the line. Bob Andrews referred to the fine work done by Kim Potempa on the soils and said he felt no one on the Commission would have been qualified to do that type of work. Mr. Andrews said Planning & Zoning has to convince. City Council expert help is going to be needed to update various parts of the City Pian. (3) Asked the status of widening Jack Hays Blvd. and Steve Simonson remarked the last he had heard it is scheduled for 1990. Mrs. Marsh also asked the status of getting more stoplights on Jack Hays Blvd. Steve Simonson said he keeps pressing the issue at every meeting he attends. (4 ) Asked if Oak Forest is on the agenda for street resurfacing and/or repairs. Steve Simonson said they are scheduled for repairs. -8- ( 5 ) Said she had been asked by a citizen why, if the City is in such financial straits, did they waste money painting old police cars. when they. were. going to buy new ones. Councilman Greenwald emphasized that the money used was from the sale of the of-d 'junk police cars, in-house help was used for the painting,-and- the only outlay of extra money would have been-for the emblems. In reference to the parking problem along Jaclc Hays Blvd., Steve Simonson reported ao the Commission that he had done some research and found that in 1980 an ordinance was passed which prohibits parking on Jack Hays Blvd. from IH-35 to FM 78. Mr. Simonson said he will be sending a letter to Dale Stein of the Highway Department with a request for them to put. up "No Parking" signs and he will contact Dr. Harborth and ask him about putting.. up "No Trespassing" signs. Bob Andrews asked Steve Simonson if he had heard anything from the Knights of Columbus and Mr. Simonson said no, he had not. Bob Andrews went on to say that it will be one year in April, 1989 since they were granted a zoning change and recommended sending them a letter to remind them. Bob Andrews commented that as you come out of Sonic onto Mill Street there is a dumpster sitting there, and there is also a blue van that parks there creating a traffic hazard because you cannot see around it when you're pulling out. Mr. Andrews said it is Legal because there is not a "No Parking" sign there. Merwin Willman asked why you need a sign; if it's creating a traffic hazard, why can`t the police do something about it. Steve Simonson said he would have the Police Department check into it. Keith Van Dine apologized for being late, he had been in Austin at a meeting. Mr. Van Dine also said he had missed the last meeting because he was in Pennsylvania and informed the Commission that while he was there, he had an emergency appendectomy. Keith Van Dine informed Steve Simonson Pfeil Road is like a roller coaster - rocks are coming up out of the road. Mr. Simonson said Pfeil Road is on the spring work orders for the Streets Department. Joe Potempa noted there is still a trailer t18-wheeler) parked at Salvage Enterprises. Mike Besch said it will be moved shortly after the first of January. Joe Potempa,. then speaking about Mobile Villa the "forgotten frontier", asked when the streets there are going to be fixed. .Steve Simonson commented there has been a misunderstanding in the past in~thinking that Mobile Villa was included on-.the 1983 bond -9- issue, and in researching the issue, found they were not included. Mr. Simonson. said Mobile Villa was included in the second phase of the 1987 bond issue, but those bonds :have not been sold. Merwin Willman pointed out that when Mobile Villa was annexed these people were promised sewer lines and streets. Steve Simonson suggested the people from. Mobile Villa attend a -City Council workshop and voice their concerns. The next subject Joe Potempa brought up was public safety in Mobile Villa and asked when they are going to get a police car to regularly patrol the area. Mr. Potempa brought up several problems that had been encountered in the .area, one of them being noise at 3:00 A.M. Chairman Brisgill strongly suggested that the citizens from Mobile Villa attend a meeting of the City Council and air their complaints to them. George Vick asked Steve Simonson if it would help if he called GVEC about the street Iight being out as you are coming up to Schertz from the low water crossing on Aviation. Mr. Simonson told him to go ahead because he has already called them twice about it. Bob Andrews reported on the progress of the United Way Fund Drive and said as of last Friday (Dec. 9) they were at 97% and they will get the remainder to put it over the top on Dec. 19th. Steve Simonson remarked that there are some real problems with enforcement of the Sign Ordinance. Mr. Simonson said there is enough building going on to keep the inspectors busy, and they are finding it difficult to beep up with all the new illegal signs. Steve Simonson suggested forming a committee comprised of Planning and Zoning members, civic leaders and businessmen to tale a look at the ordinance. Mr. Simonson said they could then tell us what they like and dislike about it and how we could better enforce it, or if we need to throw it out and start over. Merwin Willman commented he thought that was a goad idea. Mary Marsh stressed we need a stringent Sign Ordinance or we have a mess. Steve Simonson recommended a coalition of businessmen and said maybe if we ,start a dialogue on the Sign Ordinance it wil l lead to other things such as the growth of the City. Mr. Simonson said we may have. untapped resources out there which could help us with such things as the survey we want to take as part of updating the-City Plan.. Mr. Simonson pointed out it is crucial __we work with th.e business community on the FM_78 widening. -10- Keith Van Dine said as far as the Commissi.on's part, he feels: .they need to tighten up on granting variances to the Sign Ordinance. Mary Marsh asked how we should approach setting up this coalition. Steve Simonson said Earl Hartzog attends all the Business Club meetings and maybe he could speak on the Commission's behalf. Chairman Brisgill asked if Steve Simonson had ever found anything about the City's required minimum height on fences around swimming pools. Mr. Simonson said according to the Code of Ordinances a fence of four feet with a .self-locking gate is required. Councilman Greenwald said he thinks the insurance companies have much more stringent regulations than that. Chairman Brisgill asked if there is any way there can be same directional arrows put in the dual driveways at Wuest's and Winn's. It was thought maybe something could be put on Schertz Parkway, but Steve Simonson said he would check into it. George Vick said there is a new mobile home up by the City limits sign on FM 1518 north and asked if it's in Schertz' ETJ. Steve Simonson said it is in Universal City's ETJ. Joe Pctempa asked what happened to the City limits sign up parallel to Mobile Villa and Steve Simonson said it had been shot to pieces. Chairman Brisgill thanked everyone for their help and cooperation during the past year and wished them a Merry Christmas and Happy New Year. #1Q ADJOURNMENT Chairman Brisgill adjourned the meeting at 8:43 P.M. The next regularly scheduled meeting is January 10, 1989. -11-